[R.O. 2014 §425.010; Ord. No. 202 §101, 11-14-1967]
The purpose of this Chapter is to provide requirements for the
coordinated development of the municipality; for the coordination
of streets within subdivisions with other existing or planned streets
or with other features of the City plan or official map of the municipality;
for adequate open spaces for traffic, recreation, light and air; for
a distribution of population and traffic; to provide the extent and
the manner in which the streets of the subdivision or any designated
portions thereto shall be graded and improved; to provide requirements
as to the extent and manner of the installation of all utility facilities;
and to provide a method for approval of plats of subdivisions; all
of which is adopted under the authority granted by the Revised Statutes
of Missouri, and in particular Sections 89.300 to 89.490 RSMo., inclusive.
[R.O. 2014 §425.020; Ord. No. 202 §102, 11-14-1967]
A.
These
regulations shall apply to the following forms of subdividing and
re-dividing of land within the jurisdiction of the Marshfield Planning
Commission in accordance with the Major Street Plan adopted as part
of the Comprehensive Development Plan of Marshfield, Missouri.
1.
The division of a lot, tract or parcel of land into two (2) or more
lots, tracts or other division of land for the purpose of sale or
of building development, whether immediate or future, including the
re-subdivision or re-platting of land or lots.
2.
The dedicating, vacating, or reserving of a public or private easement
through any tract of land regardless of the area involved, including
those for use by public and private utility companies.
3.
The dedicating of any street or alley through any tract of land regardless
of the area involved.
4.
No person, owner, agent shall record in the office of the Recorder
of Deeds, any plat or subdivision of any lands within the jurisdiction
of Marshfield until such plat has been approved in conformity with
the provisions herein set forth.
[R.O. 2014 §425.030; Ord. No. 202 §103, 11-14-1967; Ord. No. 1293 §1, 8-9-2007]
For the purposes of these regulations, the following words,
terms or phrases shall have the following meanings.
A dedicated right-of-way for public use giving secondary
vehicular access to properties otherwise abutting a street.
A series of lots entirely surrounded by public rights-of-way,
railroad rights-of-way, parks, greenstrips or open land.
City Legislative Body of Marshfield.
A line indicating the set-back requirements on certain major
streets in the City of Marshfield.
Is the City of Marshfield.
A sewage vault, septic tank and lateral field, sewage treatment
plant, sewage lagoon or other sanitary means of disposing of waste
materials, with the right of unrestricted use by two (2) or more occupants
of separate lots.
A well or other sanitary source of water for human consumption,
with the right of unrestricted use by two (2) or more occupants of
separate lots.
See "SUBDIVIDER".
A grant by the property owner to the public, a corporation,
partnership, or persons, of the use of a strip of land for specific
use.
A light detection and ranging technology used to create high-resolution
models of ground elevations (contour mapping).
[Ord. No. 2081, 5-25-2023]
A subdivision of a parcel of land intended for development
or transfer of ownership, whether immediate or future.
A lot located at an intersection abutting two (2) or more
streets.
City Planning and Zoning Commission of Marshfield.
A map of land subdivision prepared in a form suitable for
filing of record with necessary affidavits, dedications and acceptance,
and with complete bearings and dimensions of all lines defining lots
and blocks, streets, alleys, public areas and other dimensions of
land.
A map of a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the suitability of the proposed subdivision of land.
A privately owned and maintained road, allowing access to
more than one (1) parcel, or lot, and built per City of Marshfield
street specifications.
[Ord. No. 2084, 5-25-2023]
A privately owned and maintained road, allowing access to
more than one (1) parcel, lot, or residence.
[Ord. No. 2056, 11-3-2022]
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
land, place, or however otherwise designated.
A street designed for, or used primarily for, fast or heavy
traffic.
A street designed for, or used primarily to carry traffic
from minor streets to the major street system (arterials, etc.) including
the principal entrance streets of residential development.
A minor street having one (1) end open to vehicular traffic
and having one (1) closed end terminated by a turn-around.
A minor street auxiliary to and located on the side of a
major or arterial street for service to abutting properties and adjacent
areas and for control of access.
A street designed for or used primarily for access to abutting
properties.
Any street not dedicated to the City or County as a public
thoroughfare.
Any person, firm, partnership, corporation or other entity,
acting as a unit, subdividing or proposing to subdivide land as herein
defined.
The division of a parcel of land into two (2) or more lots
or other divisions of land, including re-subdivision, and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
[R.O. 2014 §425.040; Ord. No. 202 §§200 — 202, 11-14-1967; Ord. No. 1664, 6-18-2015]
A.
Procedure. A pre-application meeting is required prior to
submission of a preliminary plat. This must be scheduled by the subdivider
or his/her representative with the appropriate City staff. During
pre-application proceedings of the general features of the subdivision,
its layout, facilities and required improvements shall be determined
to the extent necessary for preparation of the preliminary plat. Pre-application
proceedings shall be properly documented in writing and copies of
such documentation shall be furnished to the subdivider and the Planning
and Zoning Commission with preliminary plat request provided by a
licensed professional surveyor, architect or engineer.
B.
Plans And Data.
1.
He/she shall outline and describe the existing conditions of the
site and the proposed development to supplement the drawings and sketches
required in this Section.
2.
A general location map shall be prepared and submitted and shall
show the proposed subdivision and its relationship to existing community
facilities. Such location map shall show the location and name of
the subdivision, existing main traffic arteries, public transportation
lines, schools, parks, playgrounds, high pressure gas lines, power
lines and any other significant physical features.
3.
A sketch plan shall be prepared and submitted showing the proposed
layout of streets, lots and other features in relation to existing
utilities and other conditions in a form that clearly illustrates
the subdivider's request.
4.
Within five (5) days of the review of the pre-application plan the
subdivider shall be informed by City staff whether such plans and
the data submitted meet the objectives of these regulations. If City
staff find the plans and data do not meet the objectives of these
regulations, it shall express its reasons therefor.
[R.O. 2014 §425.050; Ord. No. 202 §§300 — 303, 11-14-1967]
A.
Procedure. On reaching conclusions as recommended in the preapplication, regarding his/her general program and objectives, the subdivider shall have prepared a Preliminary Plat, together with improvement plans and other supplementary requirements in conformance with Section 425.070 of these regulations. All preliminary plats and supplementary materials specified shall be submitted at least ten (10) days prior to the next regular meeting of the Planning Commission as follows:
1.
Five (5) copies shall be submitted to the Planning Commission.
2.
Within sixty (60) days after the submission of a plat to the Commission,
the commission shall approve or disapprove the plat; otherwise the
plat is deemed approved by the Commission, except that the Commission,
with the consent of the applicant for the approval, may extend the
sixty (60) day period. The ground of disapproval of any plat by the
Commission shall be made a matter of record. If approved, the Planning
Commission shall express its approval as Conditional Approval and
state the conditions of such approval, if any. If disapproved, the
subdivider shall be notified of the reason for such action and what
requirements shall be necessary to meet the approval of the Planning
Commission. The action of the Planning Commission shall be noted on
three (3) copies of the preliminary plat with any conditions attached.
One (1) copy shall be returned to the subdivider and the other two
(2) retained by the Planning Commission.
3.
The Planning Commission shall forward copies of the Preliminary Plat
to the Board of Aldermen for its review.
4.
Conditional approval of the preliminary plat shall not constitute
approval of the final plat, but rather it shall be deemed an expression
of approval to the layout submitted on the preliminary plat as a guide
to the preparation of the final plat which will be submitted for approval
of the Planning Commission, and for recording upon fulfillment of
the requirements of these regulations and the conditions of the conditional
approval, if any.
5.
Prior to the approval of the preliminary plat, the Planning Commission
may require due consideration by the subdivider for dedication or
reservation of suitable sites for schools, parks, playgrounds, or
other public recreational areas or open spaces. Any areas so dedicated
or reserved shall conform as nearly as possible to the recommendations
of the Planning Commission in its Comprehensive Development Plan of
the City.
B.
Requirements.
1.
The scale of the preliminary plat shall not be less than one (1)
inch equals one hundred (100) feet on a sheet of sufficient size.
2.
The preliminary plat shall contain the following information:
a.
Proposed name of subdivision. Names shall not duplicate or closely
resemble names of existing subdivisions.
b.
Location of boundary lines in relation to section, quarter section
or quarter-quarter section lines and any adjacent corporate boundaries,
comprising a legal description of the property.
c.
Names and addresses of the developer and the surveyor or landscape
architect making the plat.
d.
Date, north point and scale.
3.
Existing conditions which shall be shown.
a.
Locations, width and name of each existing or platted street or other
public way, railroad and utility right-of-way, parks and other public
open spaces, and permanent buildings, within or adjacent to the proposed
subdivisions.
b.
All existing sewers, water mains, gas mains, culverts, or other underground
installations within the proposed subdivision or immediately adjacent
thereto, with pipe size, grades and locations shown.
c.
Names of adjacent subdivisions and owners of adjacent parcels of
unsubdivided land.
d.
Topography with contour intervals of not more than five (5) feet;
also the locations of water courses, ravines, bridges, lakes, wooded
areas, approximate acreage, and such other features as may be pertinent
to the subdivision of the property.
e.
Subsurface conditions on the tract if deemed necessary by the Planning
Commission.
4.
Proposed development which shall be shown.
a.
The location and width of proposed streets, roadways, alleys and
easements.
b.
The location and character of all proposed public utility lines,
including sewers (storm and sanitary), water, gas and power lines.
c.
Layout, numbers and approximate dimensions of lots.
d.
Location and size of proposed parks, playgrounds, churches, or school
sites or other special uses of land to be considered for dedication
to public use, or to be reserved by deed of covenant for the use of
all property owners in the subdivision and any conditions of such
dedication or reservation.
e.
Building lines with dimensions if required.
f.
Indication of any lots on which use other than residential is proposed
by the subdivider.
g.
Any protective covenants proposed by the subdivider.
h.
Front yard set-back lines according to this Title.
C.
Supplementary Requirements. A copy of profiles shall be
furnished for each proposed street, showing existing grades and proposed
approximate grades and gradients on the centerline of the street.
The location of proposed culverts and bridges shall also be shown.
[R.O. 2014 §425.060; Ord. No. 202 §§400 — 403, 11-14-1967]
A.
Procedure. The final plat shall conform substantially to
the preliminary plat as approved, and if desired by the subdivider,
it may constitute only that portion of the approved preliminary plat
which he/she proposes to record and develop at the time, provided
that such portion conforms with all the requirements of these regulations.
Such final plat shall be prepared by a registered engineer, surveyor
or other person approved in advance by the Planning Commission.
At least five (5) copies of the final plat shall be submitted
to the Planning Commission at least ten (10) days prior to the meeting
at which it is to be considered.
B.
Requirements. The final plat shall be clearly and legibly
drawn at a scale of one (1) inch to one hundred (100) feet. The following
information shall appear on the final plat.
1.
The name of subdivision (not to duplicate or closely approximate
the name of any existing subdivision).
2.
Location by section, township, range, County and State, and including
descriptive boundaries of the subdivision, based on an accurate traverse,
giving angular and linear dimensions which must mathematically close.
The allowable error of closure on any portion of a final plat shall
be one (1) foot in five thousand (5,000).
3.
The location of monuments shall be shown and described on the final
plat. Locations of such monuments shall be shown in reference to existing
official monuments or the nearest established street lines, including
true angles and distances to such reference points or monuments. Monuments
shall be located at the corners of all blocks and shall be of a material
and size specified by the City.
4.
Location of lots, streets, public highways, alleys, parks, and other
features, with accurate dimensions in feet and decimals of feet, with
the length of radii and/or arcs of all curves, and with all other
information necessary to reproduce the plat on the ground. Dimensions
shall be shown from all angles, points and points of curve to lot
lines.
5.
Lots shall be numbered clearly and in the center of each lot. If
blocks are to be numbered or lettered, these should be shown clearly
in the center of the block.
6.
The exact locations, widths, and names of all streets to be dedicated.
7.
Location and width of all easements to be dedicated.
8.
Boundary lines and description of boundary lines of any areas other
than streets and alleys which are to be dedicated or reserved for
public use.
9.
Setback lines on front and side streets with dimensions.
10.
Name and address of developer and (or) owner and surveyor making
the plat.
11.
Scale of plat (the scale to be shown graphically and in feet per
inch), date and north point.
12.
Statement dedicating all easements.
13.
Statement dedicating all streets, alleys and other public areas not
previously dedicated.
14.
Certification by registered engineer or surveyor that details of
the plat are correct.
15.
Certificate of approval by Planning Commission.
16.
Such other certificates, affidavits, endorsements or dedications
as may be required by the Planning Commission in the enforcement of
this Chapter.
17.
Certificate of approval of the Board of Aldermen.
18.
Reference to protective covenants on subdivision or property, if
any.
C.
Supplementary Requirements.
1.
In addition to the final plat, such cross-sections and profiles of
streets and drainage, showing grades, as required by the Planning
Commission or Board of Aldermen shall be submitted.
2.
Upon filing of the final plat the subdivider shall pay a fee of one
dollar ($1.00) per lot or seventy-five dollars ($75.00), whichever
is lesser, but in no case shall the fee be less than twenty-five dollars
($25.00).
[R.O. 2014 §425.070; Ord. No. 202 §§500 — 509, 11-14-1967; Ord. No. 720 §§1 — 2, 11-10-1994; Ord. No. 1300 §1, 8-9-2007]
A.
Design Standards. The following shall be considered as minimum
requirements and will ordinarily be varied by the Planning Commission
only under conditions and circumstances set forth in these regulations.
1.
Land shall be suited to the purpose for which it is to be subdivided
and its proposed use shall be in accordance with the requirements
of any zoning ordinance.
2.
Proposed subdivision shall be coordinated with existing nearby neighborhoods
so that the community as a whole may develop harmoniously.
B.
Streets. The arrangement, character, extent, width, grade
and location of all streets shall be considered in their relation
to existing and planned streets, to topographical conditions, to public
convenience and safety, and in their appropriate relation to proposed
uses of the land served by such streets and design standards of streets
shall conform to the provisions found herein.
1.
The arrangement of streets in a subdivision shall either provide
for the continuation or appropriate projection of existing principal
streets in surrounding area, or conform to a plan for the neighborhood
approved or adopted by the Planning Commission to meet a particular
situation where topographical or other conditions make continuation
or conformance to existing streets impracticable.
2.
When a new subdivision adjoins unsubdivided land susceptible of being
subdivided, then the new streets shall be carried to the boundaries
of the tract proposed to be subdivided.
3.
Streets that are obviously in alignment with others already existing
and named shall bear the name of the existing streets. No street name
shall be used which will duplicate or be confused with the name of
any existing street in the City. Street names shall be subject to
the approval of the Planning Commission.
4.
Minor streets shall be so laid out that their use by through traffic
will be discouraged.
5.
Where a subdivision borders on or contains a railroad right-of-way
or limited access highway right-of-way, the Planning Commission may
require a street approximately parallel to and on each side of such
right-of-way, at a distance suitable for the appropriate use of the
intervening land, as for park purposes in residential districts, or
for commercial or industrial purposes in appropriate districts. Such
distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
6.
All streets shall be platted in such manner that all resulting lots
will conform to the applicable zoning regulations.
7.
Streets should be laid out so as to intersect as nearly as possible
at right angles and no street should intersect any other street at
an angle of fifteen degrees (15°) more or less from ninety degrees
(90°).
8.
There shall be no easements controlling access to streets, except
where the control of such easements is definitely placed in the City
under conditions approved by the Planning Commission. The subdividing
of the land shall be such as to provide each lot, by means of a public
street or way with satisfactory access to an existing public highway
or to a thoroughfare as shown on an official map.
9.
Street jogs with centerline offsets of less than one hundred fifty
(150) feet shall be avoided.
10.
When connecting street lines deflect from each other they shall be
connected by a curve with a radius adequate to ensure a sight distance
of not less than two hundred (200) feet for minor and collector streets,
and of such greater radii as the Planning Commission shall determine
for special cases.
11.
A tangent shall be provided between all reverse curves of a sufficient
length as related to the radius so as to provide for a smooth flow
of traffic.
12.
Clear visibility, measured along the centerline of a street, shall
be provided for at least two hundred (200) feet on all streets.
13.
Vertical curves are required for changes in grade.
14.
No street grade shall be greater than seven percent (7%) nor less
than five-tenths of one percent (0.5%).
15.
Street right-of-way and paved widths shall not be less than as follows:
|
|
Street Type
|
Minimum R.O.W.
|
Minimum Paved Width Curb to Curb
|
|---|---|---|---|
|
Arterial
|
80 feet
|
52 feet
| |
|
Collector
|
70 feet
|
44 feet
| |
|
Local
|
50 feet
|
30 feet
| |
|
|
Cul-de-sac
|
60 feet
|
30 feet (see also #17 below)
|
16.
Half-streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements
of these regulations and where the Planning Commission finds it will
be practicable to require the dedication of the other half when the
adjoining property is subdivided. Where ever a half-street is adjacent
to a tract to be subdivided, the other half of the street shall be
platted within such tract.
17.
Dead-end streets (cul-de-sacs), designed to be so permanently, shall
not be longer than eight hundred (800) feet and shall be provided
at the closed end with a turnaround of at least seventy (70) feet
minimum diameter, plus a fifteen (15) foot right-of-way for utilities
behind all curbs.
18.
Except where land use shall justify same or in other unusual cases,
no dead-end streets, other than cul-de-sac treatment, shall be approved
unless such dead-end streets are provided to connect with future streets
in adjacent land.
19.
There shall be no private streets platted, conveyed, or dedicated
in any manner in any subdivision; to qualify as a public street said
street must be accepted by the Board of Aldermen and their acceptance
shown in the official minutes.
D.
Easements.
1.
Easements with a right-of-way width of ten (10) feet shall be provided
on each side of all rear lot lines where alleys are not provided and
along certain side lot lines where necessary for utilities and drainage.
2.
Temporary construction easements four (4) feet in width shall be
provided outside the permanent easements above.
3.
Easements of greater widths may be required along or across lots
where necessary for the extension of main storm and sanitary sewers
and other utilities.
4.
Utility pole anchor easements shall be provided where deemed necessary.
5.
Whenever any stream or important surface drainage course is located
in the area that is being subdivided, the subdivider shall dedicate
an adequate easement as specified by the City along each side of the
stream for the purpose of future widening, deepening, sloping, improving
or protecting the stream, or for drainage, parkway or recreational
use.
E.
Blocks.
1.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by this
Title and to provide for convenient access, circulation control and
safety of street traffic.
2.
Block dimensions may be subject to adjustment by the Planning Commission
where topography, character of the proposed use or similar conditions
justify lesser or greater lengths or widths.
F.
Lots.
1.
All lots shall have a full frontage on a dedicated public street.
2.
Lot dimensions and areas shall conform to the requirements of this
Title, provided further, that no lot, irrespective of potential residential
use, shall be less than ten thousand (10,000) square feet, for any
subdivision of land under these regulations.
3.
All side lot lines shall be at right angles to straight street lines
and radial to curved street lines where practicable.
4.
Building lines (when applicable) or set-back lines shall be shown
on the preliminary and final plats for all lots in the subdivisions
and shall not be less than the building or set-back lines required
by this Title.
5.
Corner lots shall have such extra width as will permit the establishment
of building lines on both streets.
6.
House number shall be assigned to each lot by the City.
G.
Acre Subdivisions. When the proposed subdivision involves
lots of one (1) acre or more in area, consideration should be given
to any resubdividing that might take place with proper provisions
being made for such street extension as may be necessary.
H.
Public Sites And Open Spaces.
1.
Where deemed essential by the Planning Commission, upon consideration
of the particular type of development proposed in the subdivision,
and especially in large scale neighborhood unit development or where
shown in the Comprehensive Development Plan, the Planning Commission
may require the dedication or reservation of such other areas or sites
of a character, extent, and location suitable to the needs created
by such development for schools, parks, and other neighborhood purposes.
2.
The requiring of the dedication of public spaces as provided in the
paragraph above shall not constitute an acceptance of the dedication
by the City.
I.
Neighborhood Unit Development. Whenever a subdivision is
developed as a neighborhood unit, wherein adequate park or recreational
area is provided, through traffic is adequately cared for and the
majority of streets are of the cul-de-sac type, the Planning Commission
may vary the requirements of this regulation in order to allow the
subdivider more freedom in the arrangement of streets and lots, but
at the same time protect the convenience, health, safety and welfare
of the probable future residents of the subdivision as well as the
character of the surrounding property and the general welfare of the
entire community.
[R.O. 2014 §425.080; Ord. No. 202 §§600 — 606, 11-14-1967]
A.
General.
1.
The improvements listed in this Section shall be installed prior
to the issuance of any building permits for the subdivided area, except
as hereinafter provided. In lieu of actual completion of such improvements,
the subdivider may file with the Board of Aldermen a surety bond to
secure the actual construction of such improvements in a manner satisfactory
to the Board of Aldermen and within a period specified by the Board
of Aldermen, but such period shall not exceed two (2) years. Such
bond shall be accompanied by signed statements from the City Superintendent
that the amount of the bond is adequate to cover the cost of the improvements.
Provided however, that in lieu of actual completion of such improvements
or the posting of a bond as provided for, the Planning Commission
may require the subdivider to file with the Board of Aldermen a letter
stating his/her intentions to complete the improvements as required
herein as development takes place on his/her building sites.
2.
The owner of the tract shall prepare and secure tentative approval
of a final subdivision plat of the entire area and may install the
above improvements only in a portion of such area, but the improvements
must be installed in any portion of the area for which a final plat
is approved for recording, or a bond actually posted, and the owner
may sell or lease or offer for sale or lease lots only in the approved
portion of said property, provided however, that trunk sewers and
sewage treatment plants shall be designed and built to service the
entire area or designed and built in such a manner that they can be
easily expanded.
3.
The subdivider shall furnish the City with plans and profiles of
all streets, sanitary sewers and storm drainage in detail.
B.
Monuments.
1.
Monuments shall be placed at all block corners, angle points of curves
in streets, and at intermediate points as shall be required by the
City. The monuments shall be of such material, size and length as
may be approved by the City.
2.
Lot corner pins shall be provided at all corners of each lot and
shall be of such material, size and length as may be approved by the
City.
C.
Streets And Sidewalks. The intent of this provision is to
provide pedestrians with safe and convenient access to schools, recreation,
retail areas, and places of employment. In general, new sidewalks
should be located in the public right-of-way parallel to any new City
street constructed per City Code from the date of this Section. In
any event, the purpose of sidewalks shall be to connect people with
specific destinations within the City. The following specifications
shall apply:
[Ord. No. 2103, 8-24-2023]
5.
Sidewalk Construction. Minimum requirement for sidewalks shall be
as follows:
a.
Residential sidewalks shall be of concrete, four (4) feet wide and
four (4) inches thick with four (4) inches of compacted one (1) inch
sized crushed rock base.
b.
Non-residential sidewalks shall be of concrete, five (5) feet wide
and four (4) inches thick, except at drive entrances where a six (6)
inch thickness shall be required. Non-residential sidewalks require
a compacted rock base with four (4) inches of one (1) inch sized crushed
rock, except in drive entrances where a six (6) inch compacted rock
base of one (1) inch size rock is required.
c.
Residential sidewalks are required to have expansion material on
either side of a concrete drive and concrete approach.
d.
Sidewalks require two (2) # 4 rebar continuous, evenly spaced. Joints
are to be pinned. Provide expansion joints maximum of fifty (50) feet.
e.
Sidewalk grades and cross slopes are to be designed to conform to
the requirements of the Americans with Disabilities Act (ADA), which
is in effect at the time of construction.
f.
Sidewalks shall be constructed to include wheelchair ramps at intersections
and other major points of pedestrian flow. Where required, wheelchair
ramps and depressed curbs shall be constructed in accordance with
the standards of the Americans with Disabilities Act (ADA), which
is in effect at the time of construction.
g.
A grass planting strip shall be provided between the curb and the
sidewalk.
D.
Sanitary Sewer System. Where the sanitary sewer system of
the City is reasonably accessible (such accessibility to be determined
by the City), each lot within the subdivided area shall be provided
with a connection thereto. All connections shall be subject to the
approval of the City.
E.
Water Supply.
1.
Where the City water system is reasonably accessible or procurable,
(such accessibility to be determined by the City), the subdivider
shall connect with the City Water Department to make the water supply
available for each lot within the subdivided area.
2.
In a proposed subdivision, pending accessibility of the City water
supply, the subdivider may be required to construct wells or a private
water supply system in such a manner that an adequate supply of potable
water will be available to every lot in the subdivision at the time
improvements are erected thereon. The adequacy, healthfulness, and
potability of the water supply shall be subject to the approval of
the State Board of Health. The construction of the water supply system
shall be subject to the approval of the City.
3.
The subdivider shall also contract with the City Water Department
for the installation of fire hydrants in accordance with the City
requirements.
F.
Inspection. All construction and installation shall be inspected
by the City. The owner of the subdivision shall pay for inspection
personnel furnished by the City, under the supervision of the City,
on all improvements constructed by such owner of such subdivision,
as contractor or subcontractors. A schedule of fees shall be prepared
by the City.
[Ord. No. 2056, 11-3-2022]
A.
Title. This Section shall be known as the "Private Road Ordinance,"
an ordinance to regulate and establish standards for the approval
and construction of private roads outside of recorded subdivisions.
B.
General Provisions.
1.
This Section shall apply to land which is divided into parcels or lots for residential purposes prior to the date of this Section unless the property is identified by City staff as a candidate for a private road, or the property owner has had a pre-application meeting per Section 425.040 prior to this date.
2.
No building permit or certificate of occupancy shall be issued
within the City unless such use or building occupies a parcel or lot
which fronts on a public street, or a private road improved to the
standards of this Section. A private road may be utilized in lieu
of frontage on a public street.
3.
A document describing the private road and the provisions for
maintenance shall be recorded with the Webster County Recorder's office
and provided to the purchaser. The maintenance provisions shall apportion
the maintenance responsibilities among the appropriate property owners.
4.
A maximum of 4 (four) single-family residences are allowed per
private road.
C.
Standards For Private Roads.
1.
All private roads shall be a maximum length of one hundred fifty
(150) feet without a turn around. Turn around is to be constructed
in a size to allow emergency vehicles, including fire trucks, to turn
around. Fire Chief of the Marshfield Fire Protection District, or
his designee , must approve the site plan for the turn around.
2.
All private roads shall have a right-of-way width of thirty
(30) feet and a minimum driving width of twenty (20) feet with no
parking signs posted on either side of the road.
3.
Private roads, where intersecting public streets shall have
a minimum six (6) inches concrete over four (4) inches rock base apron
between the street pavement and the property line.
4.
All private roads to maintain two (2) inches compacted three-fourths
(3/4) inch crushed aggregate over four (4) inches compacted one and
one-half (1 1/2) inch base rock for all driving surfaces.
5.
All private roads to have an elevation higher than the surrounding
grade and be served by ditches and proper drainage.
6.
Culverts shall be required at all driveways as indicated on
the approved plans.
D.
Review, Inspections, Approval, Permits, Fees, And Appeals.
1.
Plans for a private road shall be submitted to the Planning
and Zoning Commission for review and recommended approval to the Board
of Aldermen.
2.
The Board of Aldermen shall have final approval of private road
improvements prior to issuing any permits.
3.
The Board of Aldermen may establish a fee to cover the cost
of review and inspections pursuant to this Section. Said fee shall
be paid prior to the issuance of any permits.
4.
The Board of Adjustments shall have jurisdiction to consider
appeals for variances or exceptions from this Section.
[R.O. 2014 §425.090; Ord. No. 202 §§700 — 705, 11-14-1967]
A.
Variances.
1.
When the subdivider can show that provision of these standards would
cause unnecessary hardship if strictly adhered to, and where, because
of topographical or other conditions peculiar to the site, in the
opinion of the Planning Commission, a departure may be made without
destroying the intent of such provisions, the Planning Commission
may recommend a variance to the Board of Aldermen. Any variance thus
authorized is to be stated in writing in the minutes of the Planning
Commission with the reasoning on which the departure was justifiably
set forth.
2.
These variances shall never be authorized as a blanket variance for
an entire subdivision.
B.
Application. Application for a variance shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Planning Commission. The petition
shall state fully the grounds for the application and all the facts
relied upon by the petitioner.
C.
Conditions. In granting variances and modifications, the
Planning Commission and Board of Aldermen may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so verified or modified.
D.
Stage Construction. The developer may, after receiving approval of the preliminary plat, petition the Planning Commission to proceed with the subdivision by stages. The area may be subdivided into sections, and after the approval of the Planning Commission, and the Board of Aldermen, the installation of improvements as required in Section 425.080 may be constructed.
E.
City Not Obligated To Expend Funds. The City shall not be
obligated for the expenditure of any funds whatsoever under and pursuant
to the terms of these subdivision regulations unless and until the
Board of Aldermen shall have approved such expenditure by a majority
vote.
[Ord. No. 2084, 5-25-2023]
A.
Title. This Section shall be known as the "Private Access Road Ordinance,"
an ordinance to regulate and establish standards for the approval
and construction of private access roads outside of recorded subdivisions.
B.
General Provisions.
1.
This Section shall apply to land which is divided into parcels
or lots for commercial purposes, including B-3 General Business Zoning.
2.
No building permit or certificate of occupancy shall be issued
within the City unless such use or building occupies a parcel or lot
which fronts on a public street, or a private access road improved
to the standards of this Section. A private access road may be utilized
in lieu of frontage on a public street.
3.
A document describing the private access road and the provisions
for maintenance shall be recorded with the Webster County Recorder's
office and provided to the purchaser of property. The maintenance
provisions shall apportion the maintenance responsibilities among
the appropriate property owners.
C.
Standards For Private Access Roads.
1.
All private access roads shall be a maximum length of one hundred
fifty (150) feet without a turn around. Turn around is to be constructed
in a size to allow emergency vehicles, including fire trucks, to turn
around. Fire Chief of the Marshfield Fire Protection District, or
his designee, must approve the site plan for the turn around.
2.
All private access roads shall have a right-of-way width of
thirty (30) feet and a minimum driving width of twenty (20) feet with
no parking signs posted on either side of the road.
3.
Private access roads, where intersecting public streets shall
have a minimum six (6) inches concrete over four (4) inches rock base
apron between the street pavement and the property line.
4.
All private access roads to be constructed per City of Marshfield
street specifications for driving surface.
5.
All private roads to have an elevation higher than the surrounding
grade and be served by ditches and proper drainage or provide concrete
curb and gutter.
6.
Culverts shall be required at all drive entrances as indicated
on the approved plans if ditches are utilized.
D.
Review, Inspections, Approval, Permits, Fees, And Appeals.
1.
Plans for a private access road shall be submitted to the Planning
and Zoning Commission for review and recommended approval to the Board
of Aldermen.
2.
The Board of Aldermen shall have final approval of private access
road requirements prior to issuing any permits.
3.
The Board of Aldermen may establish a fee to cover the cost
of review and inspections pursuant to this Section. Said fee shall
be paid prior to the issuance of any permits.
4.
The Board of Adjustment shall have jurisdiction to consider
appeals for variances or exceptions from this Section.
[R.O. 2014 §425.100; Ord. No. 202 §§800 — 805, 11-14-1967]
A.
Notice Of Action Taken.
1.
The Planning Commission shall determine its recommendations as to
whether the subdivision plat shall be recommended for approval, with
modification, or disapproval, and shall give written notice to the
subdivider and the Board of Aldermen of its determination.
2.
The Board of Aldermen may approve, modify, or disapprove a Final
Subdivision Plat, after recommendation from the Planning Commission,
and shall so notify the applicant of its decision. If approved, the
Mayor shall sign the original in the appropriate Certification Block.
B.
Official Recording.
1.
No plat or description of a subdivision shall be filed in the office
of the County Recorder, until the same shall have been given final
approval by the Board of Aldermen. This plat or description must be
signed by the Mayor and attested by the City Clerk.
2.
All final plats shall be filed and recorded within two (2) years
of the date of approval by the Board of Aldermen, and no lots shall
be sold from any plat until same has been recorded as herein provided.
Failure to record such approved plat within two (2) years of the approval
shall void all approvals thereto.
C.
Agenda. Each plat submitted for preliminary or final approval
shall be placed on the Planning Commission's agenda only after fulfilling
the appropriate requirements of these regulations. However, a plat
not meeting all the requirements may be submitted providing the subdivider
presents with the plat a letter requesting the specific exception
and enumerating in detail the reason therefor.
D.
Amendment. The Board of Aldermen may from time to time,
amend and make public rules and regulations for the administration
of these subdivision regulations after referral to the Planning Commission,
to the end the public be informed and that approval of plats of subdivisions
be expedited.
E.
Penalties.
1.
Sale of land in unapproved plat. No owner, or agent
of the owner, of any land located within the platting jurisdiction
of this municipality, knowingly or with intent to defraud, may transfer,
sell, agree to sell, or negotiate to sell that land by reference to
or by use of a plat of any purported subdivision of the land before
the plat has been approved by the Board of Aldermen and recorded in
the office of the County Recorder. Any person violating the provisions
of this Section shall forfeit and pay to the municipality a penalty
not to exceed three hundred dollars ($300.00) for each lot transferred
or sold or agreed or negotiated to be sold; and the description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the transaction
from this penalty. A municipality may enjoin or vacate the transfer
or sale or agreement by legal action, and may recover the penalty
in such action.
2.
Any persons violating the provisions of this Title shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00), or by confinement in the County Jail for not more than
one (1) year, or by both such fine and confinement.
[Ord. No. 2081, 5-25-2023]
A.
Title. This Section shall be known as the "Lidar Ordinance," an ordinance
to provide contour mapping and establish cost for this service to
the general public for initial contour data of a specific site or
parcel.
B.
General Provisions. This Section shall allow the use of contour mapping
information based on the site area provided on our GIS map. (See Pricing
Table below.)
|
LIGHT DETECTION AND RANGING (LIDAR) DATA COST
| ||
|---|---|---|
|
Minimum fee
|
$300
| |
|
Maximum fee
|
$8,000
| |
|
Exact acreage shall be determined using survey data provided
by property owner, or the Webster County Assessor's GIS information.
| ||
|
Each tier must pay for the previous tier plus the additional
amount per acre beyond the previous tier.
| ||
|
Acres
|
Price per acre
|
Range
|
|
1 to 3
|
$300
|
$300 to $900
|
|
3.01 to 10
|
$200
|
$902 to $2,300
|
|
10.01 to 20
|
$100
|
$2,301 to $3,300
|
|
20.01 to 114
|
$50
|
$3,300.50 to $7,300
|
|
114.01 +
|
Maximum
|
$8,000
|
